Stone just got subpoenaed. It's tough to close an investigation, when you are still investigating...
Investigating what, Cope? Seriously, investigating Manafort's 2005 and 2007 tax filings? What the **** does that have to do with Trump or Russia or anything?
And Federal judges are starting to raise the same questions, Cope:
A federal judge on Friday harshly rebuked Special Counsel Robert Mueller’s team during a hearing for ex-Trump campaign chairman Paul Manafort – suggesting they lied about the scope of the investigation, are seeking “unfettered power” and are more interested in bringing down the president.
"You don't really care about Mr. Manafort,” U.S. District Judge T.S. Ellis III told Mueller’s team. “You really care about what information Mr. Manafort can give you to lead you to Mr. Trump and an impeachment, or whatever."
http://www.foxnews.com/politics/201...am-lying-trying-to-target-trump-cmon-man.html
Here is a transcript of the court hearing, where the judge is obviously unimpressed with the Manafort allegations as they relate to Trump:
THE COURT: All right. The indictment against Mr. Manafort was filed in February, but it actually was antedated by a filing in the District of Columbia. These allegations of bank fraud, of false income tax returns, of failure to register or report rather, failure to file reports of foreign bank accounts, and bank fraud,
these go back to 2005, 2007,and so forth. Clearly, this investigation of Mr. Manafort's bank loans and so forth antedated the appointment of any special prosecutor and, therefore, must've been underway in the Department of Justice for some considerable period before the letter of appointment, which is dated the 17th of May in 2017. Am I correct?
MR. DREEBEN: That is correct, Your Honor.
THE COURT: All right. So when the special prosecutor was appointed -- and I have the letter of appointment in front of me -- what did they do? Turn over their file on their investigation of Mr. Manafort to you all?
MR. DREEBEN: Essentially, Your Honor,special counsel was appointed to conduct an investigation --
THE COURT: I'm sorry. Answer my question. Did you remember what my question was?
MR. DREEBEN: Yes, Your Honor, and I was attempting to answer your question. We did acquire the various investigatory threads that related to Mr. Manafort upon the appointment of the special counsel.
THE COURT:
Apparently, if I look at the indictment, none of that information has anything to do with links or coordination between the Russian government and individuals associated with the campaign of Donald Trump. That seems to me to be obvious because they all long predate any contact or any affiliation of this defendant with the campaign. So I don't see what relation this indictment has with anything the special prosecutor is authorized to investigate.It looks to me instead that what is happening is that this investigation was underway. It had something. The special prosecutor took it, got indictments, and then in a time-honored practice which I'm fully familiar with -- it exists largely in the drug area. If you get somebody in a conspiracy and get something against them, you can then tighten the screws, and they will begin to provide information in what you're really interested in. That seems to me to be what is happening here. I'm not saying it's illegitimate,
but I think we ought to be very clear about these facts and what is happening. Now, I think you've already conceded appropriately that this investigation that has led to this indictment long antedated the appointment of a special prosecutor;
that it doesn't have anything to do with Russia or the campaign; and that he's indicted;and it's useful, as in many cases by prosecutors, to exert leverage on a defendant so that the defendant will turn and provide information on what is really the focus of the special prosecutor. Where am I wrong in that regard?
MR. DREEBEN: The issue, I think, before you is whether Mr. Manafort can dismiss the indictment based on his claim.
THE COURT: Yes. Now I asked you: Where am I wrong about that?
MR. DREEBEN: Your Honor, our investigatory scope does cover the activities that led to the indictment in this case.
THE COURT: It covers bank fraud in 2005 and and 2007?
MR. DREEBEN: Yes, because --
THE COURT: Tell me how
MR. DREEBEN: Your Honor, the authorization for the special counsel to investigate matters is described generally in the appointment order on May --
THE COURT: I have it right in front of me,and it won't surprise you to learn that I'm fully familiar with it. My question to you was,
how does bank fraud and these other things that go back to 2005,2007, how does that have anything to do with links and/or coordination between the Russian government and individuals associated with the campaign of Trump?
MR. DREEBEN: So the authorization order permits investigation of two different things that are described in separate clauses. The first are links and coordination between individuals associated with the Trump campaign and the Russian government's effort to influence the election. Mr. Manafort was a campaign official.
THE COURT: You're running away from my question again. You know, I'm focused on the indictment that is here.
MR. DREEBEN: Correct.
THE COURT: It involves facts and circumstances that go back as far as 2005 and come forward, Mr. Manafort's loans from several banks that asking you, and I've already established this investigation long predated the special prosecutor.And so what is really going on, it seems to me,
is that this indictment is used as a means of exerting pressure on the defendant to give you information that really is in your appointment, but it itself has nothing whatever to do with it.
MR. DREEBEN: Well, Your Honor, I understand the question. I'm trying to explain why I think that it does have to do with our investigatory scope, and I think there are a couple of premises that may help illuminate what that investigatory scope is.The first one is that in examining an individual who was associated with the Trump campaign and did have Russian-affiliated connections, which Mr. Manafort did --
THE COURT: Are they Russian or Ukrainian?
MR. DREEBEN: Both. Mr. Manafort worked extensively in Ukraine, and he also has business connections and other connections to individuals associated with Russia.In following the leads from those things, activities that are at issue in this indictment.
THE COURT: Well, it didn't lead to that.This was given to you by the Department of Justice.The investigation was already well underway going back to 2005. Am I correct?
MR. DREEBEN: Well, I think, Your Honor, the investigation has developed considerably with the special counsel.
THE COURT: Wasn't it already in existence in the Department of Justice, and they gave it to you when you all were appointed?
MR. DREEBEN: There were investigations that were in existence, yes, but those investigations were folded together with our overall examination of Mr. Manafort's conduct that fits within (b)(i).
THE COURT: All right. Do you have it in front of you?
MR. DREEBEN: Yes.
THE COURT: All right. I think you would agree that the indictment that we have before the Court is not triggered by (i), which says, "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump."
Bank fraud in 2005 and other things had nothing whatever to do with that. So then you go to number two. It says, "any matters that arose or may arise directly from the investigation." Well, this indictment didn't arise from your investigation; it arose from a preexisting investigation even assuming that that (ii) is a valid delegation because it's open-ended. Go ahead, sir.
MR. DREEBEN: So I would take a different look at the way this order works than Your Honor's description for a couple of reasons.
THE COURT: All right.
MR. DREEBEN: The first is that in provision(c) which is in the order, the special counsel is authorized to prosecute matters that arose from the investigation that is described earlier in the preamble and in (b)(i) and (b)(ii). So we are not limited in our prosecution authority to crimes that would fit within the precise description that was issued in this public order. If the investigation is valid, the crimes that arose from that investigation are within the special counsel's authority to prosecute.
THE COURT: Even though it didn't arise from your investigation? It arose from a preexisting investigation.
MR. DREEBEN: Well, the investigation was inherited by the special counsel.
THE COURT: That's right, but your argument says, Even though the investigation was really done by the Justice Department, handed to you, and then you're now using it, as I indicated before, as a means of persuading Mr. Manafort to provide information. It's vernacular by the way. I've been here along time. The vernacular is to sing. That's what prosecutors use, but
what you've got to be careful of is they may not just sing. They may also compose. I can see a few veteran defense counsel here, and they have spent a good deal of time in this courtroom trying to persuade a jury that there wasn't singing, there was composing going on.But in any event, finish up this point, and then I'll come back to the defendant.
MR. DREEBEN: Well, Your Honor, we are the Justice Department. We are not separate from the Justice Department. The acting attorney general appointed us to complete investigations and to conduct the investigation that's described in this order In addition, the acting attorney general has made clear in testimony before Congress that this order does not reflect the details of the matters that were assigned to us for investigation. And the word "arose" from that's contained in (b) is not a full and complete description that's meant to be judicially enforceable of the matters that were entrusted --
THE COURT: So it's written by lawyers but not intended to be judicially enforceable?
MR. DREEBEN: It's certainly not intended to be judicially --
THE COURT: I think you are better off arguing that it's very broad and that the matters that are here are well within it. But to say that you can write a letter delegating a job to somebody but don't pay any attention to the scope of it is not very persuasive to say the least.
MR. DREEBEN: Well --
THE COURT: What we don't want in this country is we don't want anyone with unfettered power.We don't want federal judges with unfettered power. We don't want elected officials with unfettered power. We don't want anybody, including the president of the United States, nobody to have unfettered power. So it's unlikely you're going to persuade me that the special prosecutor has unlimited powers to do anything he or she wants.
The entire investigation has nothing - NOTHING - to do with Trump or Russia. It has to do with business dealings that are 12 years or more old, as a way to bludgeon witnesses to provide dubious testimony to try and ding Trump.
Nothing more. I called this more than a year ago, when I read the indictment and discussed it with Tibs, by the way.
Actually knowing the law matters when analyzing legal issues.